Customs By-law No. 1700334 (Cth)

CUSTOMS ACT 1901

CUSTOMS TARIFF ACT 1995

SCHEDULE 4

BY-LAW No. 1700334

I, David Coyles, delegate of Comptroller-General of Customs, under section 271 of the Customs Act 1901 make the by-law set out in the Schedule below.

THE SCHEDULE

Item 11

Schedule 4

1.This by-law may be cited as Customs By-law No. 1700334.

2.This by-law shall take effect the day after it is registered.

3.For the purposes of item 11 of Schedule 4 to the Customs Tariff Act 1995, the following are prescribed:

a)   the personal effects, furniture and household goods (other than cigarettes, cigars, tobacco or spirituous liquors) of a Member of the French Republic visiting defence force (hereafter the Visiting Force) or the Civilian component of such a force, or a Dependant of such a person; and

b)   a motor vehicle, imported by a Member of the Visiting Force or the Civilian component of such a force.

4.The application of item 11 to the goods in paragraph 3(a) is subject to the following conditions:

a)   the goods are imported at the time of first arrival of the Member or Civilian component to take up service in Australia or within six months thereafter or, in the case of a Dependant to join the Member at the time of first arrival of the Dependant, or within six months thereafter;

b)   the goods remain in the use, ownership and possession of the Member or Dependant; and

c)   the goods will not be transferred to another person, sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia unless prior written approval has been obtained from the Collector.

5.The application of item 11 to the goods in paragraph 3(b) is subject to the condition that the goods will not be transferred to another person, sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia unless prior written approval has been obtained from the Collector.

6.Definitions

In this by-law:

“Member of Visiting Force” means a person who, in accordance with the law of the French Republic or as mutually determined with the Australian Government, is a serving as a Member of a Visiting Force of the French Republic.

“Civilian component” means the personnel accompanying a Visiting Force and who are employed by or in the service of the Visiting Force having functions relating to defence matters and who are not members of the Visiting Force, nor nationals of, nor ordinarily resident in Australia.

“Dependant” means a person who:

a)   is not a Member of a Visiting Force or of its Civilian component;

b)   is neither a national of nor ordinarily resident in the Receiving State; and

c)   is accompanying a Member of the Visiting Force or of its Civilian component and is:

i.the spouse of the Member;

ii.wholly or mainly maintained by the Member;

iii.in the custody, care of charge of the Member; or

iv.one of the family of the Member residing with the Member.

Dated this fifteenth day of December 2017.

[signed]

David Coyles

Delegate of the

Comptroller‑General of Customs